11-25-2024 South Bend Common Council Meeting Minutes

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REGULAR MEETING November 25, 2024 Bend model is that the state model has fewer disciplinary capabilities. The Citizen Police Review Board (CPRB) will not be affected by the proposed changes and will continue its independent role in investigating complaints and collaborating with Internal Affairs. The Board of Public Safety may either remain a standalone body or be combined with the Board of Public Works, but it will continue overseeing policies, resolutions, and other administrative tasks for the Police Department. The Merit Board will handle personnel matters, such as appointments, promotions, and retirements. The promotion process will focus on ability and quality rather than ranking systems. Performance evaluations will be made by the Police Chief and Human Resources (HR). The proposed system ensures no major changes to discipline, personnel processes,or the role of the CPRB,while adjusting probation periods and aligning procedures with the needs of the department. The ordinance aims for approval by the Common Council, with support from the FOP and department representatives. Scott Ruszkowski, South Bend Police Chief, 701 W. Sample Street, South Bend, IN 46601, thanked the City's legal team for their efforts in handling a confusing state law that has been imposed on South Bend without community input. Chief Ruszkowski emphasized the importance of local input in policy decisions and criticized the lack of consultation, particularly on issues like use of force. Chief Ruszkowski expressed frustration with the law, noting that it was intended for smaller police departments and should have been better designed to involve everyone. Councilmember Dr. Davis stated that appointments should not be limited by party affiliations to allow for a broader selection of qualified candidates. Councilmember Dr. Davis requested further clarification. Bob Palmer, Council Attorney, with offices on the 4th floor of the County-City Building, stated that Option Four(4)provides the City with the most flexibility under state law. Substitute Bill No. 65-24 removes the stipulation requiring the Mayoral and SBPD appointees to be of different political parties. Additionally, this model allows for the Council to set the number of appointees, unlike the state model, which limits the board to five (5) members with specific appointee allocations. Councilmember Dr. Davis raised concerns about one-third (1/3) of the merit board being elected by the police department. Bob Palmer explained that to bypass this limitation, the City and SBPD would need to vote to reject a Merit System and emphasized that the SBPD has expressed a preference for a merit system. Councilmember Dr. Davis asked about the flexibility of the one-third (1/3) members elected by the SBPD. Bob Palmer confirmed that the Council could vote on the number of merit board members at the current meeting, but that a Merit System requires at least one-third (1/3) of tis members to be appointed by the SBPD. Councilmember Dr. Davis motioned to accept Substitute Bill No. 65-24, which was seconded by Council Vice President Niezgodski and carried via a vote by voice. Councilmember Lee asked for clarification on the FTO training. Kylie Connell clarified that the field training program lasts about 14 weeks. After officers are sworn in and complete this training,they begin their one-year(1)probationary period.This change does not extend the probation by two (2) years. Scott Ruszkowski explained that the current one-year(1)probationary period is unaffected by field training length. The proposed ordinance would allow for an extended probationary period to provide more time for evaluation and training, particularly for lateral transfers or officers not meeting department standards. This would help prevent future mistakes. Kylie Connell expressed concern about the potential conflict of interest if members are appointed to both the Merit Board and the CPRB. He cautioned that serving on both boards could present a conflict of interest. 5